A JURISPRUDENTIAL AND LEGAL ANALYSIS OF THE SALE OF ENDOWED PROPERTY

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SHEKARI ROSHANALI; KARIMIAN ESMAIL

مرکز اطلاعات علمی Scientific Information Database (SID) - Trusted Source for Research and Academic Resources

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Paper Information

Journal: ISLAMIC LAW RESEARCH JOURNAL Year:2011 | Volume:11 | Issue:2 (32) Page(s): 89-119

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Information Journal Paper

Title

A JURISPRUDENTIAL AND LEGAL ANALYSIS OF THE SALE OF ENDOWED PROPERTY

Author(s)

SHEKARI ROSHANALI | KARIMIAN ESMAIL | Issue Writer Certificate

Keywords

SALE OF THE ENDOWED PROPERTYQ2

DESTRUCTION OF THE ENDOWED PROPERTYQ3

RELATIONS OF THE BENEFICIARIES OF ENDOWMENTQ3

Abstract

Studying the historical grounds of the institution of endowment, the present article investigates into this jurisprudential and legal concept. Taking a cursory look at the foundations and effects of endowment, it deals with the issue of SALE OF THE ENDOWED PROPERTY.In this regard, supporting the principle of impossibility of SALE OF THE ENDOWED PROPERTY, it takes the exceptional cases into consideration, i.e. DESTRUCTION OF THE ENDOWED PROPERTY, fear of the DESTRUCTION OF THE ENDOWED PROPERTY, destruction of a part of the endowed property, permissibility of SALE OF THE ENDOWED PROPERTY originating from the RELATIONS OF THE BENEFICIARIES OF ENDOWMENT, (fear of disputes and bloodshed), ameliorative substitution, necessity, and the condition of sale in endowment contracts. Finally a brief report of these regulations in other Islamic schools of law is presented.

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APA: Copy

SHEKARI, ROSHANALI, & KARIMIAN, ESMAIL. (2011). A JURISPRUDENTIAL AND LEGAL ANALYSIS OF THE SALE OF ENDOWED PROPERTY. ISLAMIC LAW RESEARCH JOURNAL, 11(2 (32)), 89-119. SID. https://sid.ir/paper/229425/en

Vancouver: Copy

SHEKARI ROSHANALI, KARIMIAN ESMAIL. A JURISPRUDENTIAL AND LEGAL ANALYSIS OF THE SALE OF ENDOWED PROPERTY. ISLAMIC LAW RESEARCH JOURNAL[Internet]. 2011;11(2 (32)):89-119. Available from: https://sid.ir/paper/229425/en

IEEE: Copy

ROSHANALI SHEKARI, and ESMAIL KARIMIAN, “A JURISPRUDENTIAL AND LEGAL ANALYSIS OF THE SALE OF ENDOWED PROPERTY,” ISLAMIC LAW RESEARCH JOURNAL, vol. 11, no. 2 (32), pp. 89–119, 2011, [Online]. Available: https://sid.ir/paper/229425/en

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